Qualified one-way costs shifting (QOCS)—case tracker
Qualified one-way costs shifting (QOCS)—case tracker

The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:

  • Qualified one-way costs shifting (QOCS)—case tracker
  • Scope of QOCS (CPR 44.13)
  • Counterclaims and other additional claims (Part 20)
  • Motor Insurers’ Bureau
  • Multiple defendants
  • Exceptions to QOCS
  • No reasonable grounds for bringing the proceedings (CPR 44.15(a))
  • Conduct of the claimant (CPR 44.15(c)(i))
  • Fundamental dishonesty (CPR 44.16(1))
  • Claim with non-personal injury elements (CPR 44.16(2)(b))
  • More...

This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are interpreting and applying CPR 44.13 to 44.17 and CPR PD 44, para 12. Where available we have linked to the cases and/or analysis. This case tracker should be read in conjunction with Practice Note: Qualified one-way costs shifting (QOCS).

QOCS was introduced on 1 April 2013 as part of the Jackson costs reforms following the removal of a claimant’s right to recover additional liabilities from the defendant, ie success fees and after-the-event (ATE) insurance premiums.

QOCS limits the circumstances in which costs can be recovered against losing claimants and sets out the circumstances where costs orders can be enforced with or without court permission.

Scope of QOCS (CPR 44.13)

Counterclaims and other additional claims (Part 20)

Additional claims for contribution or indemnity

Case name and detailsKey issuesFurther reading
Corstorphine (an infant who proceeds by his mother and litigation friend Ellis) v Liverpool City Council

[2018] EWCA Civ 270

Court of Appeal

26 February 2018
The claimant entered into a conditional fee agreement (CFA) prior to 1 April 2013 and issued proceedings against a defendant (the primary claim).

After 1 April 2013, the defendant issued a Part 20 claim against two further defendants (the additional claim) which was then joined to the primary

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